Hacia la construcción de un constitucionalismo privado en México
This article exposes the possibility and the need to reconstruct the theory of division and control of power in the Mexican Constitution, which currently is referred by article 49 of the constitutional text and it is from the 18th century, to consider in it the private power that is more visible...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7773985 |
| Source: | Ciencia jurídica, ISSN 2007-3577, Vol. 9, Nº. 18 (julio-diciembre 2020), 2020, pags. 61-76 |
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| Summary: |
This article exposes the possibility and the need to reconstruct the theory of division
and control of power in the Mexican Constitution, which currently is referred by article 49 of the
constitutional text and it is from the 18th century, to consider in it the private power that is more
visible in the 21st century. Likewise, it is intended to demonstrate that at present it is increasingly
necessary that human rights not only be opposable to the public power, but also to the power held
by certain individuals. What if conceived in this way, allows a better and more effective horizontal
demand for human rights.
Finally, understood as the mechanism of defense of human rights by antonomasia in Mexico,
there is a reflection and questioning about the current provenance of the amparo trial against
individuals to propose where we should move in Mexican constitutionalism. |
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